States Grants (Petroleum Products) Amendment Act 1978 (Cth)

STATES GRANTS (PETROLEUM PRODUCTS) AMENDMENT ACT 1978

No. 12 of 1978

An Act to amend the States Grants (Petroleum Products) Act 1965.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the States Grants (Petroleum Products) Amendment Act 1978.

 

 (2) The States Grants (Petroleum Products) Act 1965 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

3. Section 4 of the Principal Act is repealed and the following section substituted:

Power of Minister to formulate schemes

“4. (1) Subject to this Act, the Minister may, by writing under his hand—

(a) formulate a scheme in relation to a State for the purposes of this Act;

(b) amend a scheme so formulated (including a scheme that has been previously amended);

(c) revoke a scheme so formulated (including a scheme that has been amended); and

(d) where a scheme has been so revoked—formulate a new scheme in place of the scheme so revoked.

 

“(2) Except as authorized by a resolution of each House of the Parliament, the Minister shall not revoke, or otherwise terminate the operation of, a scheme formulated under paragraph (1)(a) or (d), whether or not the scheme has been amended.”.

Provisions of scheme

4. Section 5 of the Principal Act is amended by omitting sub-sections (1) to (3), inclusive, and substituting the following sub-sections:

 

“(1) A scheme in relation to a State shall comply with the succeeding provisions of this section.

 

“(2) The scheme shall contain a provision authorizing the Minister, or an officer of the Australian Public Service appointed by the Minister in writing to exercise powers under the provision, to direct that any particular goods shall, or shall not, be treated as motor spirit, power kerosene, automotive distillate, aviation gasoline or aviation turbine fuel for the purposes of the scheme and this Act.

 

“(3) The scheme shall—

(a) contain a provision authorizing the Minister or an officer of the Australian Public Service appointed by the Minister in writing to exercise powers under the provision, to register persons as distributors of eligible petroleum products for the purposes of the scheme and authorizing the Minister or such an officer to revoke the registration of a person so registered; and

(b) contain a provision that the persons to whom payments may be made by the State under the scheme shall be such distributors of eligible petroleum products as are so registered under the scheme.

 

“(3a) An application may be made to the Administrative Appeals Tribunal for review of—

(a) a direction by the Minister or an officer under a provision contained in a scheme in accordance with sub-section (2); or

 

(b) a refusal by the Minister or an officer to register a person as a distributor of eligible petroleum products under a provision contained in the scheme in accordance with paragraph (3)(a) or the revocation by the Minister or an officer of the registration of a person as such a distributor of eligible petroleum products under a provision contained in the scheme in accordance with that paragraph.”.

Information to be furnished by State

5. Section 9 of the Principal Act is amended by omitting “Treasurer” (wherever occurring) and substituting “Minister of State for Finance”.

Advances

6. Section 10 of the Principal Act is amended by omitting “Treasurer” and substituting “Minister of State for Finance”.

Overpayments

7. Section 11 of the Principal Act is amended by omitting “Treasurer” and substituting “Minister of State for Finance”.